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Features

Warehouse Liability: Know Before You Stow! Image

Warehouse Liability: Know Before You Stow!

Michael Delaney

As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.

Features

New York's Good Cause Eviction Law: An Overview and Impact Analysis Image

New York's Good Cause Eviction Law: An Overview and Impact Analysis

Jennifer L. Alexander

The effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.

Features

Post-Bankruptcy Petition Lease Claims Don't Automatically Result In An Administrative Expense Claim for Unpaid Rent Image

Post-Bankruptcy Petition Lease Claims Don't Automatically Result In An Administrative Expense Claim for Unpaid Rent

Andrew C. Kassner & Joseph N. Argentina Jr.

If a commercial landlord desires to request post-bankruptcy petition rent and enforcement of other terms of the lease, they should immediately make formal demand for rent and compliance

Features

Cap Rate Misery Impacts CRE Investors Image

Cap Rate Misery Impacts CRE Investors

Joseph J. Ori

The low cap rate regime became a game of musical lifeboats on the Titanic and the big question was, who would get stuck without a lifeboat as the mighty ship sank?

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Notice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent<br Village's ETPA Resolution Upheld Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit Assignee Liable for Breach of Lease Constructive Eviction and Warranty of Habitability Defenses Rejected

Features

Three Questions Regarding Zoning and EV Charging Stations Image

Three Questions Regarding Zoning and EV Charging Stations

Anthony S. Guardino

Owners of office and multi-family developments that install new charging stations are likely to see an increase in property values because their buildings will attract or retain EV owners. In order to facilitate and encourage more EV charging stations, municipalities need to update their zoning ordinances to regulate and manage this new land use.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Tenants In Common Failed to Establish Claim of Right Element of Adverse Possession Claim Questions of Fact About Adverse Possession Claim

Features

Big Law In NYC Looking for Smaller, New Class A Spaces Image

Big Law In NYC Looking for Smaller, New Class A Spaces

Mimi Lamarre

Overall this year, law firms have been more likely to leave their current spaces and relocate, but they continue opting for smaller spaces.

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Challenge to Site Plan Approval Dismissed for Failure to Exhaust Administrative Remedies Area Variance Upheld

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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